Terms of Service
Nino Apply – Terms and Conditions of Service
1. THESE TERMS
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Agreement. Upon submitting your order to us, you shall be required to click on the button marked “I agree” so as to indicate that you accept these terms. A refusal to do so will prevent you from receiving any services.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Maki Online Services Limited (trading as NINO Apply) a company registered in England and Wales. Our company registration number is 11285396 and our registered office is at Suite 8, NJK House, Haslingden Road, Blackburn, Lancashire, BB1 2EE. Our registered VAT number is 298981519. We are regulated by the Information Commissioner's Office (I.C.O) Reference - ZA485983.
2.2 Who we are not. Please be aware that we are not the UK Government, or anybody or department of it including the Department for Work and Pensions (DWP), HMRC or the Job Centre Plus, nor do we have any affiliation with the aforementioned. For the UK Government and its NINO application services, please access https://www.gov.uk/, please be aware that you can apply for a NINO independently by visiting the official HMRC website https://hmrc.gov.uk/ni/intro/index.htm.
2.3 How to contact us. You can contact our customer service team via any of the methods set out on https://ninoapply.org.uk/contact.
2.4 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.5 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when you have selected you agree to our “terms of service” on our website, made a payment and received a notification confirmation email, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the services. This might be because of:
3.2.1 you are under the age of 16;
3.2.2 unexpected limits on our resources which we could not reasonably plan for;
3.2.3 because a credit reference we have obtained for you does not meet our minimum requirements;
3.2.4 because you do not meet the eligibility requirements for a NINO (e.g. because you are under the age of 16) or for the services (e.g. because the information that you provide in the Application Form is entirely accurate and correct);
3.2.5 because we reasonably deem that you are committing a criminal or fraudulent act, causing nuisance, annoyance or an inconvenience to any third party;
3.2.6 because we have identified an error in the price or description of the services; or
3.2.7 because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Whilst we accept orders from outside of the UK, our products are solely related to the UK and you must be in the UK to receive our services. We may send interview confirmation emails to you in regard to attending your “evidence of identity interview” however you will physically have to be in the U.K to attend your interview.
3.5 Acting on behalf of a third party. If you are making an application to receive anything from us for and on behalf of a third party, we require confirmation of that individual’s consent and that the individual (were s/he submitting the application in their own right) is not in breach of any of the requirements of these terms.
4. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to anything you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
5. OUR RIGHTS TO MAKE CHANGES
5.1 Minor changes to the services. We may change our products:
5.1.1 to reflect changes in relevant laws and regulatory requirements; and
5.1.2 to implement minor technical adjustments and improvements, and where these changes will not affect you.
5.2 More significant changes to the products and these terms. In addition, if we have to make more significant changes, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.
6. PROVIDING THE SERVICES
6.1 When we will provide the services.
6.1.1 We offer a fully online application service, available 24/7; however, during the order process you will have the option to select the relevant processing timescales for when we will provide the services to you should we accept your order.
6.1.2 Your order will be checked by us prior to it being submitted to DWP. Thereafter, we shall assist you in booking your ‘Evidence of Identity Interview’, something which is required when applying for a NINO.
6.1.3 The estimated completion date for the services is as told to you during the order process. Please be aware that the Super-Fast Track & Fast Track Service offered on our website only provides for us to expedite your application. It will enable us to prioritise in checking, preparing, processing and reviewing your application. It will not provide you with any expedited service by HMRC or Job Centre Plus in providing you with an Evidence of Identity Interview any sooner than a standard application.
6.1.4 We shall contact you through the process including to advice you when we have begun the process, submitted an application and completed processing your information.
6.2 We are not responsible for:
6.2.1 For delays outside our control. If our supply of the services is delayed by an event outside our control (including the actions or omissions of you or a third party) then we will contact, you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event;
6.2.2 Where you do not allow us access to provide services (where applicable). If you do not allow us to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange performance of the services we may end the contract and clause 9.2will apply; and
6.2.3 For the ultimate decision of DWP. If DWP finally determine that you are not entitled to a NINO then you agree and acknowledge that this falls outside of our determination and that we shall not be liable to issue you with any refund of monies paid for the services to date.
6.3 What will happen if you do not give required information to us? We may need certain information from you so that we can supply the services to you, for example, that set out in the order process. We will contact you to ask for this information where it is not provided, appears incorrect or incomplete. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
6.4 Reasons we may suspend the supply of services to you. We may have to suspend the supply of services to:
6.4.1 deal with technical problems or make minor technical changes;
6.4.2 update the services to reflect changes in relevant laws and regulatory requirements;
6.4.3 make changes to the services as requested by you or notified by us to you (see clause 5).
6.5 Your rights if we suspend the supply of the services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. You may contact us to end the contract for the services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two weeks and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract.
6.6 We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 11.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute any unpaid invoice (see clause 11.6). As well as suspending the services we can also charge you interest on your overdue payments (see clause 11.5).
6.7 Completion. Our services to you will be completed:
6.7.1 when an Evidence of Identity Interview has been made, a form has been sent to you in regard to a change of details or replacement NINO.
6.7.2 if we need to contact you to correct any information on your Application Form as set out above or to send you a form to sign and you do not respond within 1 month and for the avoidance of doubt in which case you shall not be entitled to a refund;
6.8 National Insurance Numbers are created and sent to you by Job Centre Plus / HMRC. As we do not create or send them to you, we are not responsible for any delay in your receiving them. We do not provide a follow up or chasing service. If you do not receive your National Insurance Number within 6 weeks of submitting your Application Form, please contact HMRC directly on 0845 915 7006.
7. SUPPLYING NINO CARDS
7.1 What this service is. A plastic card purchased from our website, displaying your name and NINO, to serve as a reminder to you, the owner, of your NINO.
7.2 What this service is not. This card is not official documentation provided by or affiliated with the UK Government, or anybody or department of it including the DWP, HMRC or the Job Centre Plus, and cannot be used as a form of identification, as a substitute for or otherwise in place of any official documentation or card issued by any of the aforementioned.
7.3 Making sure your information is accurate. You are responsible for ensuring that the details displayed on the card, including your full name and NINO are correct.
7.4 Cards may vary slightly from their pictures. The images of the cards on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the cards. Your card may vary slightly from those images.
7.5 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.6 When we will provide the card. During the order process you will be able to select the relevant processing & dispatch options. Your card will be processed & dispatched within the relevant timescales you have selected. You will also receive relevant dispatch emails in regard to when your card has been dispatched.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 Ending your contract with us. You as a consumer loses the right to cancel a service contact that has been performed fully within the cancellation period, as you agreed to this acknowledgement that you would lose your right to cancel once the contract had been performed fully. This is agreed when agreeing to our terms of service. see our Refunds Policy, available via https://ninoapply.org.uk/refund-policy
8.1.1 If you want to end the contract because of something we have done or have told you we are going to do, see our Refunds Policy, available via https://ninoapply.org.uk/refund-policy (Policy);
8.1.2 If you have just changed your mind, you as a consumer normally has no automatic right to change your mind and to cancel a contract, if this happens you are in breach of contract. see our Refunds Policy, available via https://ninoapply.org.uk/refund-policy
8.1.3 In all other cases (if we are not at fault and there is no right to change your mind), see Policy.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
9.1.1 you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due or
9.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide our products.
9.2 You must compensate us if you break the contract.
9.3 We may withdraw the products. We may write to you to let you know that we are going to stop providing the products. We will let you know as soon as reasonably practicable in advance of the supply of the products and will refund any sums you have paid in advance for that which will not be provided.
10. IF THERE IS A PROBLEM
How to tell us about problems. If you have any questions or complaints, see the Policy.
11. PRICE AND PAYMENT
11.1 Where to find the price for the product. The price of the products (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the prices advised to you are correct. However please see clause 11.3 for what happens if we discover an error in the price.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the products, we will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of our products may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid.
11.4 When you must pay and how you must pay. We accept payment via any of the methods displayed on the website at the time of your order. Unless otherwise agreed between the parties you must pay for the services in full upon placing your order.
11.5 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.6 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to our products.
12.3 We are not liable for business losses. We only supply our products for domestic and private use. We will therefore have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we may use your personal information. We will only use your personal information as set out in our Privacy and Cookies Policy, available via https://ninoapply.org.uk/privacy-policy
14. OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
14.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
14.5 Which laws apply to this contract and where you may bring legal proceedings? These terms are governed by English law and (subject to your rights as a consumer to bring proceedings elsewhere) you can bring legal proceedings in respect of the products in the English courts.
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